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    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
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Carphone Warehouse/Talk Talk


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I've just received a letter from Roxburghe Debt collectors on behalf of a non-existent debt with the Carphone Warehouse.

 

Bear with me, it's quite involved and I want to give as much detail as I can!

 

15.12.09: exchange of contracts on my flat; contacted Talk Talk/CPW to transfer my account (been with Talk Talk for a couple of years already).

 

Moving into a rented flat for 6 months - needed to set up the internet/phone line before I completed on the flat so I could use the rented place as the "office" whilst my new flat was being renovated.

 

The customer services bod informed me that this would have to be set up as a new account. Fine, says I. I'd like this all up and running before the New Year. Could we do this for December 28th? No problem, says TT.

 

Rented place already had a phone line, so rangmy mobile and got the number. Informed Landlord, get him to do his bit, a PAC number (whatever it's called) was obtained from the existing telecom supplier.

 

December came and went. No phone, no internet. I rang TT at the start of January, to be told there was a fault on the line, they'd have it sorted out by the 15th. Too late says I. I need the internet now. I'm losing work.

 

After a number of telephone calls, TT then tell me they cannot sort this out until 24th January, by which time, 19th Jan, BT have come in and installed a completely new telephone number, broadband and everything.

 

TT were informed on the 19th January that they had not kept to their part of the contract and under the terms I was cancelling.

 

Talk Talk sent me a phone bill for £176, which included: new line connection, tel calls, and then, cheek, the advance line rental for a now non-existent telephone number.

 

I have kept a log of all the time spent on the phone sorting this out, (8 hours... on one occasion) and in the process been passed from department to department. I finally got an agreement (from three different cancellation departments) within TT/CPW that the account had been cancelled. I agreed that I owed them £24 in phone calls, which was paid in full. This was after explaining to them that the number they were charging me for was now non existent and I had a new number. They waived the new line fee, they waived the advanced payment, they accepted the cost of the calls being the final balance.

 

So naturally I am horrified to get a letter from Roxburghe, stating I owe them 96.03. Immediately rang TT/CPW and was again informed that there is no outstanding amount due. They would look into it.

 

2 weeks later, get another letter from Roxburghe.... I am furious...

 

Any ideas?

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I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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Welcome to CAG.

As you've found calling these people is useless and waste of time just a cost to you. Everything must be in writing from now on leaves a good paper trail.

 

TalkTalk didn't keep to there side of the contract as you've made out so the account is in dispute with them. What you need to do is write a letter to TalkTalk and lodge a official complain with them

 

 

As for the DCA Roxburghe send this

 

Dear Sir/Madam

 

Account no:

 

You have contacted I/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual whenit is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

edit to suit

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Guest HeftyHippo

all the util companies are utter crap when theres a problem. they are too big and systems are too complicated for a problem to come out teh other end.... no, cancel that, they are so big and we need them so much that they don't consider customer care or satisfaction.

 

I had a fairly similar problem with Bulldog telecoms, and was pushed from one dept to another. In the end they said they would not reduce the bill, and I had to make a complaint to their arbitration service. I said if I was going to be even more inconvenienced by that attitude I would be asking for more compensation by the time I had finished giving the details to the arbitration service "not our problem" they said, and he stated that they would rather risk paying more compensation at the end of arbitration than reduce their excessive charges!

 

In the end what I did was write to the home address of one of the directors. That way there is no chance of letters being filtered out by PAs and sent through the usual chain where they meet the usual disdain

 

The problem is, most directors of the big utils give other business addresses to companies house, so getting hold of one like that is near impossible.

 

You've tried their normal systems and got no where, so I would write to all the directors individuallt, and let them know that not only are you publishing their pathetic performance to as many places as you can, and warning everyone you can away from their service, you will counter sue for your time and lost business if they persist in their legal threats. add that if they immediately apologise and desist with their threats you will accept their goodwill offer of £25/35/50 (or whatever) in vouchers

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Guest HeftyHippo

I seem to remember last time I was looking for a broadband supplier reading about many peoples problems with TalkTalk. There attititude seemed to many customers that as they were getting the broadband 'free' they shouldn't complain about how bad it was

Truth is, with all utilities, there is no customer protection for sloppy performance or bad standards, and if you don't pay under protest, or because the bill is incorrect, they cut you off and hold you to ransom so you can't go anywhere else

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